MPEP § 1002.02(b) — Petitions and Requests Decided by the Deputy Commissioner Who Oversees the Office of Petitions or Assigned Staff in the Office of Petitions, the Office of Patent Legal Administration and the MPEP Staff Office (Annotated Rules)
§1002.02(b) Petitions and Requests Decided by the Deputy Commissioner Who Oversees the Office of Petitions or Assigned Staff in the Office of Petitions, the Office of Patent Legal Administration and the MPEP Staff Office
This page consolidates and annotates all enforceable requirements under MPEP § 1002.02(b), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Petitions and Requests Decided by the Deputy Commissioner Who Oversees the Office of Petitions or Assigned Staff in the Office of Petitions, the Office of Patent Legal Administration and the MPEP Staff Office
This section addresses Petitions and Requests Decided by the Deputy Commissioner Who Oversees the Office of Petitions or Assigned Staff in the Office of Petitions, the Office of Patent Legal Administration and the MPEP Staff Office. Primary authority: 35 U.S.C. 156, 35 U.S.C. 41(a)(7), and 37 CFR 5.25. Contains: 2 guidance statements and 16 other statements.
Key Rules
Director Authority and Petitions (MPEP 1000)
Issue Fees
10. Petitions for express abandonment of patent applications after payment of the issue fee, 37 CFR 1.313(c)(3), MPEP § 711.01, subsection I, and MPEP § 1308.
32. Petitions, or requests at the initiative of the USPTO by someone other than a Technology Center Director, to withdraw patent applications from issue under 37 CFR 1.313(a) before payment of the issue fee.
33. Petitions, or requests at the initiative of the USPTO by someone other than a Technology Center Director, to withdraw patent applications from issue after payment of the issue fee under 37 CFR 1.313(b), MPEP § 1308, subsection II.
34. Petitions to withdraw patent applications from issue after payment of the issue fee under 37 CFR 1.313(c), MPEP § 1308, subsection I.B.
Foreign Filing License – General
In general, petitions under this section should be directed to “Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450,” except as otherwise provided. For example, applications for patent term extension under 35 U.S.C. 156 should be directed to Mail Stop Hatch-Waxman PTE and petitions for retroactive foreign filing license under 37 CFR 5.25 should be directed to Mail Stop L&R.
In general, petitions under this section should be directed to “Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450,” except as otherwise provided. For example, applications for patent term extension under 35 U.S.C. 156 should be directed to Mail Stop Hatch-Waxman PTE and petitions for retroactive foreign filing license under 37 CFR 5.25 should be directed to Mail Stop L&R.
42. Petitions for retroactive foreign filing license under 37 CFR 5.25, MPEP § 140, subsection II.
AIA Effective Dates
43. Petitions to show proprietary interest sufficient to make application on behalf of and as agent for the inventor under 37 CFR 1.46 (applicable in applications filed on or after September 16, 2012), MPEP § 409.05, subsection II.
44. Petitions to accept an oath or declaration without a joint inventor’s signature, pre-AIA 37 CFR 1.47(a) (applicable in applications filed before September 16, 2012), MPEP § 409.03(a).
45. Petitions to accept an oath or declaration from a person to whom an inventor has assigned or agreed in writing to assign the invention, or who otherwise shows sufficient proprietary interest in the matter justifying such action, pre-AIA 37 CFR 1.47(b) (applicable in applications filed before September 16, 2012 where none of the inventors are available to sign), MPEP § 409.03(b).
Assignment and Ownership (MPEP Chapter 300)
11. Petitions relating to issuance of patents not otherwise provided for, for example, issuance of a patent in the name of an assignee under 37 CFR 3.81.
36. Petitions to expunge recorded assignment information, 37 CFR 1.182 and MPEP § 323.01(d).
PTAB Jurisdiction
14. Requests from the examiner for the rehearing of a decision of the Patent Trial and Appeal Board, MPEP § 1214.04.
21. Petitions for access to patent applications under 37 CFR 1.14 (or pre-AIA 37 CFR 1.14) with the exception of applications involved in or related to a proceeding before the Patent Trial and Appeal Board, MPEP §§ 103, 104, and 1901.05.
Conversion to Nonprovisional
29. Petitions to convert a nonprovisional application filed under 37 CFR 1.53(b) to a provisional application under 37 CFR 1.53(c) where the nonprovisional application is before the Office of Petitions or the Office of Patent Legal Administration.
30. Requests to convert a provisional application filed under 37 CFR 1.53(c) to a nonprovisional application under 37 CFR 1.53(b) where the provisional application is before the Office of Petitions or the Office of Patent Legal Administration.
Unintentional Delay Standard
1. Petitions to revive an abandoned national, nonprovisional or provisional patent application on the basis of unintentional delay, 37 CFR 1.137 and MPEP § 711.03(c).
SIR Patent Rights Waiver
2. Petitions under 37 CFR 1.183 for waiver or suspension of rules not otherwise provided for.
Statutory Authority of USPTO Director (MPEP 1001)
Unintentional Delay Standard
4. Petitions for an unintentionally delayed foreign priority claim, 37 CFR 1.55(e) and MPEP § 214.02.
Foreign Priority Claims
5. Petitions to restore the right of foreign priority, 37 CFR 1.55(c) and MPEP § 213.03, subsection III.
Certified Copy Requirement
6. Petitions for late filing of certified copy of foreign application, 37 CFR 1.55(f) or (g), as applicable, and MPEP § 215.02.
Benefit Claim in ADS
7. Petitions for an unintentionally delayed domestic benefit claim, 37 CFR 1.78(c) and (e) and MPEP § 211.04.
Benefit Claim in Specification
8. Petitions to restore the benefit of a provisional application, 37 CFR 1.78(b) and MPEP § 211.01(a), subsection II.
Term Lapse for Maintenance Fee
15. Petitions to review refusal to accept and record maintenance fee payment filed prior to the expiration of a patent, 37 CFR 1.377 and MPEP § 2580.
Post-Issuance & Maintenance Fees
16. Petitions to accept an unintentionally delayed payment of maintenance fee in an expired patent, 37 CFR 1.378 and MPEP § 2590.
Central Reexamination Unit Processing
17. Petitions to review a decision of Technology Center Director or Central Reexamination Unit Director, 37 CFR 1.181.
Reexamination Order
19. Requests to order a Director initiated reexamination proceeding, 37 CFR 1.520.
Ex Parte Reexamination
20. Petitions to accept late papers in a reexamination proceeding based upon unintentional delay, 35 U.S.C. 41(a)(7).
Reissue and Reexamination
22. Petitions relating to reexamination proceedings and/or reissue proceedings under 37 CFR 1.182 and 1.183.
Patent Term Extension
24. Applications relating to Hatch-Waxman patent term extension, 37 CFR 1.710 – 1.791 and petitions relating to Hatch-Waxman patent term extension, 37 CFR 1.182 or 1.183.
PTE Determination Procedure
25. Petitions under 37 CFR 1.181 to review a determination of the length of the patent term extension under 37 CFR 1.701 for original applications, other than designs, filed on or after June 8, 1995 and before May 29, 2000, MPEP § 2720.
PTA Calculation and Notification
26. Requests for reconsideration of the patent term adjustment indicated in the notice of allowance or in the patent, under 37 CFR 1.705, MPEP § 2734, subsection I.
PTA Reduction – Applicant Delay
27. Requests for reinstatement of the period of patent term adjustment reduced pursuant to 37 CFR 1.704(b) under 37 CFR 1.705(c), MPEP § 2734, subsection II.
Application Types and Filing
28. Petitions relating to the filing date of patent applications under 37 CFR 1.53, MPEP § 506.02.
Content of Patent Application Publication
46. Requests for Corrected Patent Application Publication under 37 CFR 1.221(b), MPEP § 1130, subsection II.
Micro Entity Status
47. Petitions to change entity status, including the payment of additional fees, 37 CFR 1.28 and 1.29.
Citations
| Primary topic | Citation |
|---|---|
| Foreign Filing License – General | 35 U.S.C. § 156 |
| Ex Parte Reexamination | 35 U.S.C. § 41(a)(7) |
| Director Authority and Petitions (MPEP 1000) | 37 CFR § 1.102(c)(1) |
| Director Authority and Petitions (MPEP 1000) | 37 CFR § 1.102(e) |
| Director Authority and Petitions (MPEP 1000) | 37 CFR § 1.136(b) |
| Unintentional Delay Standard | 37 CFR § 1.137 |
| PTAB Jurisdiction | 37 CFR § 1.14 |
| Central Reexamination Unit Processing Director Authority and Petitions (MPEP 1000) PTE Determination Procedure Statutory Authority of USPTO Director (MPEP 1001) | 37 CFR § 1.181 |
| Assignment and Ownership (MPEP Chapter 300) Director Authority and Petitions (MPEP 1000) Patent Term Extension Reissue and Reexamination | 37 CFR § 1.182 |
| SIR Patent Rights Waiver | 37 CFR § 1.183 |
| Content of Patent Application Publication | 37 CFR § 1.221(b) |
| Micro Entity Status | 37 CFR § 1.28 |
| Issue Fees | 37 CFR § 1.313(a) |
| Issue Fees | 37 CFR § 1.313(b) |
| Issue Fees | 37 CFR § 1.313(c) |
| Issue Fees | 37 CFR § 1.313(c)(3) |
| Director Authority and Petitions (MPEP 1000) | 37 CFR § 1.314 |
| Director Authority and Petitions (MPEP 1000) | 37 CFR § 1.322(b) |
| Director Authority and Petitions (MPEP 1000) | 37 CFR § 1.36 |
| Term Lapse for Maintenance Fee | 37 CFR § 1.377 |
| Post-Issuance & Maintenance Fees | 37 CFR § 1.378 |
| AIA Effective Dates | 37 CFR § 1.46 |
| AIA Effective Dates | 37 CFR § 1.47(a) |
| AIA Effective Dates | 37 CFR § 1.47(b) |
| Reexamination Order | 37 CFR § 1.520 |
| Application Types and Filing | 37 CFR § 1.53 |
| Conversion to Nonprovisional | 37 CFR § 1.53(b) |
| Conversion to Nonprovisional | 37 CFR § 1.53(c) |
| Foreign Priority Claims | 37 CFR § 1.55(c) |
| Unintentional Delay Standard | 37 CFR § 1.55(e) |
| Certified Copy Requirement | 37 CFR § 1.55(f) |
| Director Authority and Petitions (MPEP 1000) | 37 CFR § 1.59 |
| PTE Determination Procedure | 37 CFR § 1.701 |
| PTA Reduction – Applicant Delay | 37 CFR § 1.704(b) |
| PTA Calculation and Notification | 37 CFR § 1.705 |
| PTA Reduction – Applicant Delay | 37 CFR § 1.705(c) |
| Patent Term Extension | 37 CFR § 1.710 |
| Benefit Claim in Specification | 37 CFR § 1.78(b) |
| Benefit Claim in ADS | 37 CFR § 1.78(c) |
| Assignment and Ownership (MPEP Chapter 300) | 37 CFR § 3.81 |
| Foreign Filing License – General | 37 CFR § 5.25 |
| PTAB Jurisdiction | MPEP § 103 |
| Content of Patent Application Publication | MPEP § 1130 |
| PTAB Jurisdiction | MPEP § 1214.04 |
| Director Authority and Petitions (MPEP 1000) | MPEP § 1306.01 |
| Issue Fees | MPEP § 1308 |
| Foreign Filing License – General | MPEP § 140 |
| Benefit Claim in Specification | MPEP § 211.01(a) |
| Benefit Claim in ADS | MPEP § 211.04 |
| Foreign Priority Claims | MPEP § 213.03 |
| Unintentional Delay Standard | MPEP § 214.02 |
| Certified Copy Requirement | MPEP § 215.02 |
| Term Lapse for Maintenance Fee | MPEP § 2580 |
| Post-Issuance & Maintenance Fees | MPEP § 2590 |
| PTE Determination Procedure | MPEP § 2720 |
| PTA Calculation and Notification PTA Reduction – Applicant Delay | MPEP § 2734 |
| Assignment and Ownership (MPEP Chapter 300) | MPEP § 323.01(d) |
| AIA Effective Dates | MPEP § 409.03(a) |
| AIA Effective Dates | MPEP § 409.03(b) |
| AIA Effective Dates | MPEP § 409.05 |
| Application Types and Filing | MPEP § 506.02 |
| Director Authority and Petitions (MPEP 1000) | MPEP § 708.02 |
| Director Authority and Petitions (MPEP 1000) | MPEP § 708.02(b) |
| Director Authority and Petitions (MPEP 1000) | MPEP § 710.02(e) |
| Issue Fees | MPEP § 711.01 |
| Unintentional Delay Standard | MPEP § 711.03(c) |
| Director Authority and Petitions (MPEP 1000) | MPEP § 714.19 |
| Director Authority and Petitions (MPEP 1000) | MPEP § 724.02 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1002.02(b) — Petitions and Requests Decided by the Deputy Commissioner Who Oversees the Office of Petitions or Assigned Staff in the Office of Petitions, the Office of Patent Legal Administration and the MPEP Staff Office
Source: USPTO1002.02(b) Petitions and Requests Decided by the Deputy Commissioner Who Oversees the Office of Petitions or Assigned Staff in the Office of Petitions, the Office of Patent Legal Administration and the MPEP Staff Office [R-01.2024]
In general, petitions under this section should be directed to “Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450,” except as otherwise provided. For example, applications for patent term extension under 35 U.S.C. 156 should be directed to Mail Stop Hatch-Waxman PTE and petitions for retroactive foreign filing license under 37 CFR 5.25 should be directed to Mail Stop L&R.
1. Petitions to revive an abandoned national, nonprovisional or provisional patent application on the basis of unintentional delay, 37 CFR 1.137 and MPEP § 711.03(c).
2. Petitions under 37 CFR 1.183 for waiver or suspension of rules not otherwise provided for.
3. Petitions to invoke the supervisory authority of the Director of the USPTO under 37 CFR 1.181 in matters not otherwise provided for.
4. Petitions for an unintentionally delayed foreign priority claim, 37 CFR 1.55(e) and MPEP § 214.02.
5. Petitions to restore the right of foreign priority, 37 CFR 1.55(c) and MPEP § 213.03, subsection III.
6. Petitions for late filing of certified copy of foreign application, 37 CFR 1.55(f) or (g), as applicable, and MPEP § 215.02.
7. Petitions for an unintentionally delayed domestic benefit claim, 37 CFR 1.78(c) and (e) and MPEP § 211.04.
8. Petitions to restore the benefit of a provisional application, 37 CFR 1.78(b) and MPEP § 211.01(a), subsection II.
9. Petitions to defer issuance of patents, 37 CFR 1.314 and MPEP § 1306.01.
10. Petitions for express abandonment of patent applications after payment of the issue fee, 37 CFR 1.313(c)(3), MPEP § 711.01, subsection I, and MPEP § 1308.
11. Petitions relating to issuance of patents not otherwise provided for, for example, issuance of a patent in the name of an assignee under 37 CFR 3.81.
12. Petitions for the withdrawal of attorney or agent of record under 37 CFR 1.36 in patent applications involved in proceedings before Deputy Commissioner for Patents who oversees the Office of Petitions or assigned staff in the Office of Petitions, the Office of Patent Legal Administration, or the MPEP staff office and in applications pending in a Technology Center.
13. Petitions under 37 CFR 1.182 in matters not otherwise provided for in the regulations.
14. Requests from the examiner for the rehearing of a decision of the Patent Trial and Appeal Board, MPEP § 1214.04.
15. Petitions to review refusal to accept and record maintenance fee payment filed prior to the expiration of a patent, 37 CFR 1.377 and MPEP § 2580.
16. Petitions to accept an unintentionally delayed payment of maintenance fee in an expired patent, 37 CFR 1.378 and MPEP § 2590.
17. Petitions to review a decision of Technology Center Director or Central Reexamination Unit Director, 37 CFR 1.181.
18. Petitions to withdraw a holding of abandonment not otherwise delegated, 37 CFR 1.181.
19. Requests to order a Director initiated reexamination proceeding, 37 CFR 1.520.
20. Petitions to accept late papers in a reexamination proceeding based upon unintentional delay, 35 U.S.C. 41(a)(7).
21. Petitions for access to patent applications under 37 CFR 1.14 (or pre-AIA 37 CFR 1.14) with the exception of applications involved in or related to a proceeding before the Patent Trial and Appeal Board, MPEP §§ 103, 104, and 1901.05.
22. Petitions relating to reexamination proceedings and/or reissue proceedings under 37 CFR 1.182 and 1.183.
23. Petitions relating to merger of reexamination and reissue proceedings.
24. Applications relating to Hatch-Waxman patent term extension, 37 CFR 1.710 – 1.791 and petitions relating to Hatch-Waxman patent term extension, 37 CFR 1.182 or 1.183.
25. Petitions under 37 CFR 1.181 to review a determination of the length of the patent term extension under 37 CFR 1.701 for original applications, other than designs, filed on or after June 8, 1995 and before May 29, 2000, MPEP § 2720.
26. Requests for reconsideration of the patent term adjustment indicated in the notice of allowance or in the patent, under 37 CFR 1.705, MPEP § 2734, subsection I.
27. Requests for reinstatement of the period of patent term adjustment reduced pursuant to 37 CFR 1.704(b) under 37 CFR 1.705(c), MPEP § 2734, subsection II.
28. Petitions relating to the filing date of patent applications under 37 CFR 1.53, MPEP § 506.02.
29. Petitions to convert a nonprovisional application filed under 37 CFR 1.53(b) to a provisional application under 37 CFR 1.53(c) where the nonprovisional application is before the Office of Petitions or the Office of Patent Legal Administration.
30. Requests to convert a provisional application filed under 37 CFR 1.53(c) to a nonprovisional application under 37 CFR 1.53(b) where the provisional application is before the Office of Petitions or the Office of Patent Legal Administration.
31. Petitions for extensions of time under 37 CFR 1.136(b) in applications before the Office of Petitions or the Office of Patent Legal Administration (MPEP § 710.02(e)).
32. Petitions, or requests at the initiative of the USPTO by someone other than a Technology Center Director, to withdraw patent applications from issue under 37 CFR 1.313(a) before payment of the issue fee.
33. Petitions, or requests at the initiative of the USPTO by someone other than a Technology Center Director, to withdraw patent applications from issue after payment of the issue fee under 37 CFR 1.313(b), MPEP § 1308, subsection II.
34. Petitions to withdraw patent applications from issue after payment of the issue fee under 37 CFR 1.313(c), MPEP § 1308, subsection I.B.
35. Petitions to expunge papers or assignment information from patent applications under 37 CFR 1.59 which were not submitted under MPEP § 724.02 or as part of an information disclosure statement (IDS).
36. Petitions to expunge recorded assignment information, 37 CFR 1.182 and MPEP § 323.01(d).
37. Petitions to Make Special based on inventor’s health, 37 CFR 1.102(c)(1) and MPEP § 708.02, subsection I.
38. Petitions to Make Special based on inventor’s age, 37 CFR 1.102(c)(1) and MPEP § 708.02, subsection II.
39. Requests for prioritized examination under 37 CFR 1.102(e), MPEP § 708.02(b).
40. Requests for participation in a Patent Prosecution Highway program (www.uspto.gov/PPH).
41. Requests for participation in the Law School Pilot Program.
42. Petitions for retroactive foreign filing license under 37 CFR 5.25, MPEP § 140, subsection II.
43. Petitions to show proprietary interest sufficient to make application on behalf of and as agent for the inventor under 37 CFR 1.46 (applicable in applications filed on or after September 16, 2012), MPEP § 409.05, subsection II.
44. Petitions to accept an oath or declaration without a joint inventor’s signature, pre-AIA 37 CFR 1.47(a) (applicable in applications filed before September 16, 2012), MPEP § 409.03(a).
45. Petitions to accept an oath or declaration from a person to whom an inventor has assigned or agreed in writing to assign the invention, or who otherwise shows sufficient proprietary interest in the matter justifying such action, pre-AIA 37 CFR 1.47(b) (applicable in applications filed before September 16, 2012 where none of the inventors are available to sign), MPEP § 409.03(b).
46. Requests for Corrected Patent Application Publication under 37 CFR 1.221(b), MPEP § 1130, subsection II.
47. Petitions to change entity status, including the payment of additional fees, 37 CFR 1.28 and 1.29.
48. Return of papers containing discourteous remarks. See MPEP §§ 714.19 and 714.25.
49. Petitions to issue a corrected patent, 37 CFR 1.322(b).
50. Requests for a certificate of correction that affects related U.S. application data or foreign priority data.